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3 Regulatory Development

‘This country is planted thick with laws, from coast to coast—man’s laws not God’s—and if you cut them
down—do you really think you can stand upright in the winds that would blow then?’

Robert Bolt
A Man For All Seasons

3.1 INTRODUCTION

As discussed in Chapter 2, the modern system of solid waste collection and disposal by a local
authority had its beginning with the British Public Health Act of 1875. Since then the complexity
and reach of waste management laws have increased along with the complexity and volumes of
wastes generated.

3.2 SIGNIFICANT U.S. LEGISLATION
National legislation addressing the management of wastes dates back to the Rivers and Harbors Act
of 1899. The Act prohibits the unauthorized obstruction or alteration of any navigable waters of the
United States. Examples of activities requiring an Army Corps of Engineers permit include con-
structing a structure in or over any waters of the United States, excavation or deposit of material in
such waters, and various types of work performed in such waters, including filling (33 CFR Part 322).

3.2.1 THE SOLID WASTE DISPOSAL ACT
Modern U.S. solid waste management legislation dates from 1965 when the Solid Waste Disposal
Act, Title II of Public Law 89–272, was enacted as Title II of the Clean Air Act of 1965 by the U.S.
Congress. The intent of the act was to:

● Promote the demonstration, construction, and application of solid waste management and
resource recovery systems that preserve and enhance the quality of air, water, and land
resources.
● Provide technical and financial assistance to state and local governments and interstate
agencies in conducting surveys of waste disposal practices and problems, and in the plan-
ning and development of resource recovery and solid waste disposal programs.
● Promote a national research and development program for improved management tech-
niques; more effective organizational arrangements; new and improved methods of col-
lection, separation, recovery, and recycling of solid wastes; and the environmentally safe
disposal of nonrecoverable residues.
● Provide for the promulgation of guidelines for solid waste collection, transport, separa-
tion, recovery, and disposal systems.
● Provide for training grants in occupations involving the design, operation, and mainte-
nance of solid waste disposal systems.

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